MEIDE
v.
PULSE EVOLUTION CORPORATION
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The court adopted the Magistrate Judge's recommendation to grant the defendants' motion.
The Magistrate Judge recommended granting the defendants' motion for an order directing the plaintiff to complete a fact information sheet. No objecti…
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THIS CAUSE is before the Court on the Report and Recommendation (Doc. 195; Report) entered by the Honorable Monte C. Richardson, United States Magistrate Judge, on September 18, 2024. In the Report, Judge Richardson recommends that Defendants’Motion for an Order Directing Plaintiff to Complete Fact Information Sheet with Incorporated Memorandum of Law (Doc. 194) be granted. See Report at 2, 5. No objections to the Report have been filed, and the time for doing so has now passed.
The Court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b). Pursuant to Rule 72, Federal Rules of Civil Procedure (Rule(s)), the Court “must determine de novo any part of the magistrate judge's disposition that has been properly objected to." See Rule 72(b)(3); see also 28 U.S.C. § 636(b)(1). However, a party waives the right to challenge on appeal any unobjected-to factual and legal conclusions. See 11th Cir. R. 3-1.¹ As such, the Court reviews those portions of the Magistrate Judge's findings to which no objection was filed for plain error and only if necessary, in the interests of justice. See id.; see also Thomas v. Arn, 474 U.S. 140, 150 (1985) (“It does not appear that Congress intended to require district court review of a magistrate [judge's] factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings."); Dupree v. Warden, 715 F. 3d 1295, 1304-05 (11th Cir. 2013) (recommending the adoption of what would become 11th Circuit Rule 3-1 so that district courts do not have “to spend significant amounts of time and resources reviewing every issue—whether objected to or not.").
Upon independent review of the file and for the reasons stated in the Magistrate Judge's Report, the Court will accept and adopt the legal and factual conclusions recommended by the Magistrate Judge. Accordingly, it is hereby
ORDERED:
1. The Report and Recommendation (Doc. 195) is ADOPTED as the opinion of the Court.
2. Defendants' Motion for an Order Directing Plaintiff to Complete Fact Information Sheet with Incorporated Memorandum of Law (Doc. 194) is
GRANTED.
3. Plaintiff is DIRECTED to complete under oath Form 1.977(b) of the Florida Rules of Civil Procedure, including all required attachments, and serve it on Defendants' counsel no later than December 2, 2024.
DONE AND ORDERED in Jacksonville, Florida this 9th day of October, 2024.
MARCIA MORALES HOWARD
United States District Judge ja
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Citator
Authorities Cited
- Thomas v. Arn, 474 U.S. 140 (U.S. 1985)
- Dupree v. Warden, Attorney Gen., State of Ala., 715 F.3d 1295 (11th Cir. 2013)